SEM-21-001
The Secretariat determined not to recommend the preparation of a factual record under Article 24.28(1), and terminated the process.
Status: Closed
The Submitter asserts that the Prince Rupert Port Authority, as an agent of the Government of Canada, is failing to effectively enforce the Canadian Environmental Assessment Act, 2012. The submission asserts that the mitigation measures for the Fairview Terminal Phase II Expansion Project have not been implemented, leading to harm to public health from poor air quality, noise, and vibration impacts.
In response to the argument that the Canadian Government was failing to enforce the provisions of the Canadian Environmental Assessment Act, Canada’s Response informed that the process regarding noise and vibration is the subject of an administrative proceeding at the Canadian Transportation Agency, which is an independent quasi-judicial body. On the other hand, the Submitter did not specify the specific standard that Canada was failing to enforce; therefore, the Government of Canada requests the termination of the process in its response.
Canadian Environmental Assessment Act, 2012
Names withheld pursuant to Article 16(1)(a) of the ECA.
Submission - Submission authored by Submitter(s) on 08/02/2021
Determination - Secretariat Determination under Article 24.27(2) and Article 24.27(3) of the CUSMA/USMCA authored by Secretariat on 09/03/2021
Submission - Submission authored by Submitter(s) on 27/03/2021
Acknowledgement - Communication to Submitter(s) authored by Secretariat on 30/03/2021
Determination - Secretariat Determination under Article 24.27(2) and Article 24.27(3) of the CUSMA/USMCA authored by Secretariat on 27/04/2021
Party Response - Response from the Party under Article 24.27(4) of the CUSMA/USMCA authored by Canada on 28/06/2021
Acknowledgement - Other document authored by Secretariat on 29/06/2021
Determination - Secretariat Determination under Article 24.28(1) of the CUSMA/USMCA authored by Secretariat on 27/08/2021